ASSAULT CASE.

Colonist, Volume LXI, Issue 15175, 13 September 1919, Page 3

ASSAULT CASE.

Hugh Burnard pleaded not guilty to a charge of having assaulted George Stratford at Nelson on August 30th, by striking him in the face. Mr W. V. Rout appeared for the complainant, and Mr J. P. Hayes for the defendant. Complainant, in evidence, stated that defendant rented a house owned by him, and when in Nelson he occupied one room. On the day of the assault defendant told him he would have to get out, but he went home and went €o bed. About seven o'clock defendant told him to go hut he declined. Defendant said ne wouid send for the police. Return-, ing about 9 p.m. defendant told hint again to get out, but he refused, and defendant assaulted him by striking him in the face. As the result both eyes were blackened, and he was cut about the face.

In reply to Mr Hayes, complainant said defendant paid 15s per weeTc rent, and he was allowed the use of one room. He denied having challenged defendant to fight. Defendant, in evidence, said that detendnnt was not charged for the room, the use of which he allowed defendant so long as he was civil. was charged i Is each for his meals, but two days be-1 fore the alleged assault he was informed that in future he would be charged Is 6d , p.ach for his meals. Complainant remained with them tintil Saturday night. On Friday lie received notice from complainant's agent to leave the house. | During the day he told complainant he would have to go, but when he jwent home about six o'clock he found him in bed. Complainant refused to go, and he rang up the police to remove him. At 9 o'clock, as the police had not come, he pulled him out of bed, and threw him out. He did not use any more force than was necessary. In reply to Mr Rout, defendant said complainant must have received the black eyes when he landed against the stone.

Mrs Burnard corroborated her husband's evidence. After hearing the evidence, the Magistrate said it was » question .whether he had jurisdiction to hear an assault case, which was really an indictable offence. If the question of title was raised it would be beyond his jurisdiction. " '... Mr Rout did not think the question of title occurred. Defendant, he submitted, had permission to occupy the room and was entitled to some reasonable notice to quit. Mv Hayes pointed out that he was paying nothing for the right, and was therefore not entitled to any notice. The Magistrate did not think the question /\f title had arisen. It was not raisedl in the agreement under which de- i fondant rented the house from comnbirrmt. It was after complainant was

nifrvmtxl thnt the price fox* his meals wonSfl lie increased that he told defendant ho wantpd the honse, and defendant \ery prooorly . cnir] h.p. wanted legal no-. tine. Whatever trculi]?. there was hetwopii flip parties appeared to have arisen on t'm Satra'dny afternoon. Taking tV j ovid°nre as a whole he did not think clnfrndant was instifie'd in ejecting complainant, a*id hv thought he hact used too much viol^nr-o in getting him out. D-^fevlfHit wo'ild be convicted and fined £'2 and o'-derod to p-;y £2 2s costs.

i As a sequel to the finding of the body of a female infant in a drinking well at Kaikohe, the police have arrested a native woman named Mareta Tere on a charge of murder. TKe body was found on Saturday, August 30. The inquest was opened at Kawakawa. on Monday September 1, an.d adjourned to October 1 for the police, to make inquiries the post-mortem examination- being indecisive owing to the advanced state of decomposition, the body having been immersed for about six weeks.

Shop-lifting is a practice which seems to enjoy discreditable popularity among a certain section of the people of Dunedin. The drapery establishments are, of course, the chief sufferers and a Dunodin reporter has been assured by the managers of several establishments that their losses in the way of mysterious disappearances run into several hundreds of pounds every year. "v^onien are by far the worst offenders in this respect. "The worst feature of the whole business," said one shopkeeper, who spoke very .strongly of the evil, "is that many of these women bring their children with them and very often use them as decoys. The effect on the child's mind must be ruinous in the extreme. One very frequently hears of men being charged in the police courts with being rogues and vagabonds, but to my mind many of these women are a great deal worse. By way of contrast I may state that during a business experience extending over some 20 years I have had only one cheque forged by a man and two dishonoured."